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Top 3 Things To Know About Workers’ Compensation Negligence

Know About Workers' Compensation Negligence | GN

If you were injured on the job, you may wonder if you qualify for workers’ compensation. Or, if you are an employer, you may wonder if you are liable for your employee’s injuries. In either circumstance, it is crucial to comprehend the concept of workers’ compensation negligence. Here are the three most important facts regarding negligence and workers’ compensation.

3 Things You Should Know About Workers’ Compensation Negligence

  1. Negligence Is a Critical Issue In Workers’ Compensation
    Negligence is an important aspect of workers’ compensation, as it can result in severe injuries and even death. Employers must take precautions to ensure their workers are safe and not exposed to hazardous conditions.
    Negligence can occur in a variety of ways, such as when an employer fails to provide adequate safety equipment or training or fails to correct a hazardous condition. Negligence can also occur when an employee is assigned a task that exceeds their skill level or when they are not given sufficient time to rest and recover from their work.
  1. Workers’ Compensation Is a No-Fault System
    Workers’ compensation is a no-fault system that provides benefits to employees injured or made ill because of their employment. Medical expenses, income replacement, and death benefits can all be covered by insurance.
    An employee must demonstrate that their injury or illness is work-related before receiving benefits. Once this is determined, the employer is usually not liable for the injury or illness. Exceptions exist to this rule, however. When an employer’s actions or inactions are negligent is one such exception.
    If an employer is found to have been negligent, an employee may be eligible for additional benefits beyond those typically provided by workers’ compensation.
  1. Negligence Can Be Used as A Défense In Workers’ Compensation Cases
    In workers’ compensation cases, negligence is frequently cited as a Défense. If the employer can demonstrate that the employee was negligent in performing their duties, the employer may not be liable for the injuries sustained.
    There are numerous ways for an employer to demonstrate negligence. For instance, if an employee failed to adhere to safety procedures or did not wear the proper protective equipment, the employer may be able to prove that the employee was negligent.
    Although negligence is frequently used as a Défense, it should be noted that it is not a fool proof Défense. An employer may still be liable for injuries even if the employee’s negligence can be proven.


In conclusion, negligence is a significant issue in cases involving workers’ compensation. Serious injuries may result when an employer fails to provide a safe working environment or provide adequate training to employees. If you were injured on the job, you may be eligible for compensation. Visit Gaylord and Nantais or give us a call at (562) 561-2669 for more information on your legal rights.


Picture of Thomas M. Nantais

Thomas M. Nantais

Thomas M. Nantais is the Partner of Gaylord & Nantais, a legal firm specializing in workers’ compensation, in the state of California. This firm deals in getting hearing loss compensation and work related injuries compensation for those who have worked in the state of California. With his sincere efforts, Thomas is committed to meet the highest standards of the legal industry, and aims to provide the clients with an honest and aggressive representation.

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